Exterro's E-Discovery & Privacy Breakdown // Mike Hamilton

The world of E-Discovery & Privacy is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

Case Law Alert: Expensive Production Request Deemed "Costly Fishing Expedition"

Created on September 20, 2019


Director of Marketing at Exterro

Pentel v. Shepard (D. Minn. Aug. 8, 2019) re-enforces that for a request for production to be deemed proportional, not only does the data need to be relevant to the case, but the data must help prove the requesting party’s claims or defense.Overview:In this class-action privacy lawsuit, the plaintiffs sought to compel a non-party to produce information that would showcase what specific private data was improperly accessed by the defendants. In addition, the plaintiffs asked the defendants to review that data for responsiveness.The non-party rejected to producing the requested information because it would be “unduly burdensome because of the volume of responsive information and... Read More

Case Law Alert: Be Specific When Asking the Court to Compel Production

Created on August 30, 2019


Director of Marketing at Exterro

Washington v. GEO Group (W.D. July 1, 2019) re-enforces that if you’re trying to get the court to compel production of data from your opponent, it's important to be specific about which requests they have failed to comply with, and why the requested information is relevant and proportional.Overview:In this case the defendant, GEO Group, tried to compel the plaintiff, the state of Washington, to produce data from numerous state agencies that, allegedly, was “extremely relevant” to the plaintiff’s defense.The state argued that it turned over thousands of responsive documents and that GEO’s... Read More

Friday Funnies: Exterro's E-Discovery Meme Series - Bad Eli

Created on August 30, 2019


Director of Marketing at Exterro

Remember when Eli Manning was a good quarterback? Right around the time Exterro was taking off as a company, the former two-time Super Bowl champion was one of only a few players to regularly give the Patriots problems in big games. But lately, he's been more known for bad throws and awful decisions than big plays, leading the New York Giants to select a new quarterback in last spring's NFL Draft.  Thankfully, Exterro has aged far better than Eli has—and we're helping companies stay ahead of the data privacy game by showcasing how e-discovery... Read More

Text Messages—and Other Digital Data—MUST Be Accounted For In E-Discovery

Created on August 23, 2019


Director of Marketing at Exterro

Text messages, social media, and other digital communication applications like Snapchat represent new categories of potentially relevant evidence, which must be accounted for and, in most cases, preserved during e-discovery. In Regas Christou v. Beatport, LLC (D. Colo. January 23, 2013), the court sanctioned the defendant for taking “no steps to preserve the text messages," leading to a spoliation sanction. In this case, the plaintiff, Regas Christou, a Denver nightclub owner, filed a lawsuit against a competing nightclub owner, Brad Roulier, and others for multiple claims including violation of the Sherman Act... Read More

3 Ways an In-House E-Discovery Team Brings Value to Your Organization

Created on August 16, 2019


Director of Marketing at Exterro

What products and services does your firm find the most value in? For many, anything that can create cost savings or cost avoidance can have a high impact—and finding ways to reduce risk, improve efficiency, and build a wider library of knowledge to help inform your legal strategies are all part of that. In-house e-discovery programs can add significant value above and beyond cost savings and avoidance to each subsection of the process, from information management to data processing. And best of all, building in-house teams that utilize end-to-end technology solutions effectively... Read More

Case Law Alert: Plaintiffs’ Motion for E-Discovery Sanction Goes Up in Smoke

Created on August 16, 2019


Director of Marketing at Exterro

Philmar Dairy, LLC v. Armstrong Farms (D.N.M. July 11, 2019) re-enforces that an often-forgotten threshold factor for spoliation sanctions is that litigation must be reasonably anticipated. In this case, this key factor was overlooked and not proven by the moving party leading to the rejection of their spoliation claim. Overview: In this breach of contract and fraud case surrounding a failed hay sale, the plaintiffs filed a motion for e-discovery sanctions against the defendants based on the loss of key evidence, cell phone photographs. The plaintiffs contracted with the defendants to purchase hay... Read More

Why End-to-End Software Platforms are the Future of E-Discovery

Created on August 12, 2019


Director of Marketing at Exterro

In the latest report that Gartner published, Market Guide for E-Discovery Solutions, there was much discussion on managing cost and risk with regards to information management and regulatory/legal obligations. Keeping the idea of cost reduction in mind, more and more companies have been leveraging e discovery software within their legal departments. But there has been a change in the way companies are looking to purchase the services or the software related to e-discovery. According to Gartner, there are two main technology approaches when talking about e discovery, and more specifically, moving through the... Read More